Getting money back from bankrupt business...

[TiN]

Short version: I bought a piano from a local shop a couple of years ago, and he seemed a nice chap, and everything was good. Then we moved, and decided to sell the piano, so I contacted this guy to see if he had anyone interested, or wanted to buy the piano back.

I was trusting (read: STUPID) enough to watch him take the piano away, and leave it with him to sell. As time went by, I called him to check up on the status etc, and eventually he said that someone was interested, and a sale was being done etc...

This dragged on for ages, with excuses that the buyer left a deposit, but kept delaying with picking it up (and thus the final payment), and then it finally sold. Woo hoo. Or so I thought. It then took lots of chasing to see where my money was...and then the piano guy mentioned that his business was closing down, and he would do his best to scrape the money etc.

Of course, it became near-impossible to contact him at this point, and he was never at his shop. He would occasionally leave messages to keep things dragging on, but always leave me hanging.

Now, it's been a fair few months since I last tried to contact him, but now the money would be useful. I was never well-off enough forget about the money before, but I had enough other crap to contend with, that I just didn't have the energy to stress over this.

I have tried to contact the CAB, but since they're run by volunteers (who I'm sure do a great job), it's been very difficult to really get anything out of them.

Any suggestions/advice?

Cheers,

Tin
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TiN
dotgems.net

[Dragonfly]

Wow i am not sure if you will ever get your money back but you are rightfully owed it. I would be livid if i was you. I would give him a severe telling of and demand my money from him if i ever seen him again.

I know when i was unfarly desmissed a few years ago i won my case and the company could not pay because they went bust but i was given the money of the people who bought over the debts etc. So if your man gets bought over that maybe the case other than that sorry to hear.
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All the breast.
Muzza on Binge:
He's too busy beating the everloving shit out of Lizzie to notice this thread has taken a turn down Drama Avenue and stopped off at the popcorn shop.

[iooi]

Did you ever get anything in writing ?
If the piano is still there you could try just turning up with a van and take it back.

If he has gone bankrupt then i fear you won't see anything in the way of funds... Tax man has 1st bite then VAT, usually by then in a small co there is sod all left....
Look at something like Leeds United the creditors are getting 1p in the £..... And if you have no proof then you are well stuffed, sorry to say.

Unless you know a few friends who might be prepared to pay said person a visit to help loosen his grip on his wallet for a while.
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Just because my bike was A DIVVY, does not mean i am......

[yambabe]

You need to clarify exactly what was agreed between you TiN for us to advise properly. I am assuming that you agreed some kind of comission for this guy to be paid upon completion of sale, rather than you selling the piano outright back to him? Did you have any written contract or statement of terms? Did/does he trade as a Ltd Company or a sole trader? If a company, was your agreement with his company or with him personally?

It seems from what you have said that by pocketing your cash he has effectively committed theft. Send him a letter advising him that he has 7 days to either return YOUR piano or forward the full price agreed or you will go to the police. Most importantly, at the end of the 7 days if he has not coughed up do it. Just because his business has closed down does not necessarily mean he is bankrupt.

It's also possible that title to the piano (legal ownership) still rests with you in which case you can recover it from wherever it is now and it will be up to the new purchaser to take him to court etc.
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Sod falling in love, I wanna fall in chocolate.

[vixen]

As someone who deals in this for work.....

You need something in writing or at least the reciept for it. You need to know his trustee is. In scotland we have the account in bankruptcy (don't know if its the same in england). You will also need to get a claim form from the trustee. once you submit your claim(with your recipt for the piano) you will need to wait to find out if there will be any devidends payable. You will not be a priorty creditor. If there is any money left after the priorty creditors (eg, mortgage, hire purchase, utilities and council) will be then spilt between the non priorty creditors. I would suggest if there is a divend payable to get a solicitor to deal with it all.

My knowladge is of scottish law but do come across the odd english business case, the above might not be 100% accurate but it will give you the basdic idea.

HTH
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https://www.cliqueycuntsmcc.co.uk/
RIP Lisa - we will miss you.